FWS notices annual findings on foreign species and progress on listing
73 Fed. Reg. 44062 (Tuesday, July 29, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Annual Notice of Findings on Resubmitted Petitions for Foreign Species; Annual Description of Progress on Listing Actions; Notice of review).
Southern helmeted curassow, head detail, from ARKive Images of Life on Earth, © Frank W. Lane / www.flpa-images.co.ukIVE. One of the least frequently encountered bird species in South America because of the inaccessibility of its preferred habitat and its apparent intolerance of human disturbance. The bird is one of the 20 foreign species earning a warranted-but precluded finding on a petition to list, which means that listing is warranted, but that the immediate proposal and timely promulgation of a final regulation is precluded by higher priority listing actions. In making a warranted-but precluded finding under the Act, the Service must demonstrate that expeditious progress is being made to add and remove species from the lists of endangered and threatened wildlife and plants.
SUMMARY: The species discussed in this notice were the result of three separate petitions submitted to the U.S. Fish and Wildlife Service (Service) to list a number of foreign bird and butterfly species as threatened or endangered under the Act... In this notice of review, we announce our annual petition findings for foreign species, as required under section 4(b)(3)(C)(i) of the Endangered Species Act of 1973, as amended. When, in response to a petition, we find that listing a species is warranted but precluded, we must complete a new status review each year until we publish a proposed rule or make a determination that listing is not warranted. These subsequent status reviews and the accompanying 12-month findings are referred to as ‘‘resubmitted’’ petition findings. Information contained in this notice describes our status review of 50 foreign taxa that were the subjects of previous warranted-but-precluded findings, most recently summarized in our 2007 Notice of Review (72 FR 20184). Based on our current review, we find that 20 species (see Table 1) continue to warrant listing, but that their listing remains precluded by higher-priority listing actions. For 30 species previously found to be warranted but precluded, the petitioned action is now warranted. We will promptly publish listing proposals for those 30 species (see Table 1).
EXCERPT: Based on our review of 50 species, we did not find any taxa to be no longer warranted for listing. Table 1 (at 73 Fed. Reg. 44097) provides a summary of all updated determinations of the 50 taxa in our review. Any changes in LPN (listing priority number) are explained in the species summaries in the text of this notice.